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The Jurisdiction of the Circuit and District Judge

Rule 2.4 of the Civil Procedure Rules 1998 provides that, unless an enactment, rule or Practice Direction provides to the contrary, judges, masters or district judges sitting in either the High Court or county courts have the same powers whether they are full-time or part-time judges. Limits on the jurisdiction of masters and district judges are then to be found primarily in the Practice Direction to Part 2B of the CPR (PD2B0), which deals with the allocation of cases to the various levels of judiciary. In what follows, references to masters has been omitted in the interest of brevity.

The jurisdiction of the county courts is entirely statutory and covers almost the whole field of civil law. The general jurisdiction in civil law is mostly concurrent with that of the High Court, save that personal injury claims for less than £50,000 and money claims for less than £15,000 must be started in the county court. Further detail is to be found in the High Court and County Courts Jurisdiction Order 1991 (as amended). A number of statutes confer exclusive jurisdiction on the county courts - for example, virtually all cases under the Consumer Credit Act 1974, and most actions by mortgage lenders and landlords.

The tables below summarise, in relation to each type of application or case listed in the first column, the jurisdiction of the two benches. The first table deals with the county court, the second with the High Court. The second table is applicable only to deputy district judges; recorders, unless appointed as such, will not sit as deputy High Court judges.

TABLE 2.1: Country Court Jurisdiction

TYPE OF COUNTY COURT CASE	CIRCUIT JUDGE JURISDICTION	DISTRICT JUDGE JURISDICTION
Case management under the CPR, including summary judgment applications under Part 24 of the CPR	Yes.	Yes.
Interim applications under Part 23 of the CPR, including any interim remedy under Part 25 of the CPR within the jurisdiction of the county court (rule 25.1(1) and PD25 para. 1)	Yes, but note that the county court has no jurisdiction to hear applications for search orders or for freezing orders.	Yes, but the same restrictions as set out opposite apply and also see below in respect of injunction applications.
The trial of a case allocated to the small claims track	Yes, but only if the judge consents (PD2B para. 11.2).	Yes.
The trial of a case allocated to the fast-track	Yes.	Yes. On any one day it may be possible to find several fast-track trials block listed for hearing before judges of both benches.
The trial of a case allocated to the multi-track under CPR r.8.9(c)	Yes.	Yes (PD2B para. 11.1(a)). Mortgage and landlord cases fall within this provision. However, certain proceedings under the Landlord and Tenant Acts, Agricultural Holdings Act 1986, Legitimacy Act 1976, Fair Trading Act 1973. Local Government and Finance Act 1982 and the Mental Health Act 1983 under CCR Ord. 43 rr. 4, 6, 18 and 20, Ord. 44, Ord. 46 r. 1 and Ord. 49 rr. 5, 10 and 12 are excluded.
The trial of a case allocated to the multi-track under Part 26 of the CPR	Yes.	Only with the consent of the parties and the permission of the designated civil judge in respect of the particular case (PD2B para. 11.1(d)).
Claims under the Consumer Credit Act 1974	Yes, although the majority of these claims are heard by district judges.	Yes, unless a case is defended and allocated (see PD7B para. 6.2) to the multi-track.
Proceedings for the recovery of land (including summary proceedings under Part 1 and interim possession orders under Part 2 of CCR Ord. 24)	Yes.	Yes. Whilst the jurisdiction is concurrent, local arrangements may well exist for the distribution of business between the two benches (PD2B para. 13).
Assessment of damages	Yes.	Yes, even if the case has been allocated to the multi-track at a disposal hearing under PD26 para. 12.8.
Approval of a compromise on behalf of a child or patient (CPR r.21.11)	Yes, although approval of cases settled other than at trial will normally be heard by district judges.	Yes.
Application for an injunction	Yes.	Yes, if: · the application is made in proceedings which the district judge has jurisdiction to hear (see above) (PD2B para. 8.1(a)); · the application relates to a money claim not yet allocated to track but within the limits of the small claim or fast tracks (PD2B para. 8.1(b)); · the terms are agreed the injunction relates to a charging order, is ancillary to an order for the appointment of an equitable receiver or is in proceedings under RSC Ord.77 r.16 relating to the Crown debt (PD2B paras 2.3 and 8.1(c)); · the application is to vary or discharge an injunction by consent (PD2B paras 2.4 and 8.2).
Family Law Act 1996 Part IV injunctions	Yes.	Yes, save that deputy district judges cannot deal with the enforcement of Part IV orders.
Committal to prison for a civil contempt	Yes. Note that only circuit judges have jurisdiction to handle committals relating to the oral examination of a debtor.	Yes, but only if the committal is under: · section 25 of the Attachment of Earnings Act 1971; · sections 14 or 118 of the County Courts Act (assaults on bailiffs or various contempts of court); · sections 152 - 157 of the Housing Act 1996 (anti-social behaviour); · section 3 of the Protection from Harassment Act 1997. (See PD2B para. 8.3.)
Application under section 204 of the Housing Act 1996 (Homelessness appeal)	Yes.	No (See PD2B para. 9)
Application under the Access to Neighbouring Land Act 1992	No - CCR Ord. 49 r. 1(7) confers exclusive jurisdiction on the district judge.	Yes.
Enforcement of judgments	Yes, although district judges will hear the majority of applications relating to the enforcement of judgments.	Yes, save that by virtue of CCR Ord 31 r3(3) a district judge has no power to vary a charging order made by a circuit judge.
Interpleader applications under CCR Ord. 33 Part 1	Yes.	No, if the interpleader relates to goods seized in execution. The interpleader proceedings may be instigated by the district judge but will be heard by the circuit judge (see section 101 of the County Courts Act 1984 and CPR Sch 2 CCR Ord.33 r4(2)). However, the district judge does have jurisdiction to hear other interpleader applications.
Claims under section 124 of the County Courts Act 1984 (liability of bailiff for neglect to levy execution)	Yes.	Following the implementation of the Human Rights Act 1998 and, bearing in mind the district judge’s responsibilities under section 123 of the County Courts Act 1984, such cases should be referred to the circuit judge.
Summary assessment of costs	Yes, in the similar circumstances to those relating to district judges/ - q.v.	Yes, at the conclusion of a fast track trial or any other hearing lasting less than one day. [PDCosts para 13.2]. Exceptions apply in respect of mortgagees costs [PDCosts para. 13.3], when the receiving party is legally-aided [PDCosts para. 13.9], when the receiving party is a child or patient [PDCosts para.13.11] or where there is good reason not to do so [PDCosts para. 13.2].
Detailed assessment of costs	No (PDCosts para. 30.1(3).	Yes.
Appeal from an authorised costs officer	No.	Yes (CPR r.47.21)).
Appeal from a detailed costs assessment of a district judge	Yes, if the assessment proceedings were in the county court (47.22(3)).	No. (PD52 para. 2A.1)
Insolvency proceedings - companies (if the total paid up share capital is less than £120,000)	Yes.	Yes, save that the following applications shall be made direct to the circuit judge (PD Insolvency Proceedings para. 5.1): · committals for contempt; · urgent interim relief; · restraint of presentation or advertisement of a petition; · appointment of a provisional liquidator; · various applications relating to administration orders; Otherwise the district judge will in the first instance hear the application although he may give directions and refer it to the circuit judge (PD Insolvency Proceedings para. 5.2).
Personal insolvency proceedings - bankruptcy	Yes.	Yes, save that the following · applications shall be made direct to the circuit judge (PD Insolvency Proceedings para. 9.1): · committals for contempt; · injunctions, their modification or discharge; · interlocutory relief. Otherwise the district judge will in the first instance hear the application although he may give directions and refer it to the circuit judge (PD Insolvency Proceeding para 9.2)
Directors’ disqualification proceedings	Yes, although the hearing shall in the first instance be before the registrar (PD Directors’ Disqualification Proceedings para. 10.2).	The district judge shall conduct the first hearing and has concurrent jurisdiction with the circuit judge although he may give directions and refer an application to the circuit judge (PD Directors, Disqualification Proceedings para. 10.6).

Except for certain matters expressly reserved to the county court (e.g. Consumer Credit Act claims, money claims under £15,000 and personal injury claims under £50,000), the High Court exercises an unlimited jurisdiction in all civil matters. With the exception of a very few matters which rarely arise in practice, any High Court case may be begun in a district registry and then proceed to trial either in London or in one of the provincial trial centres designated for High Court cases.

District judges who sit in district registries exercise the same jurisdiction as Masters of the Queen’s Bench Division. A few district registries have full Chancery jurisdiction; at these courts the district judges have the same jurisdiction as Chancery Masters of the High Court.

TABLE 2.2: Limitations on the High Court jurisdiction of a Deputy District Judge

TYPE OF HIGH COURT CASE	DISTRICT JUDGE JURISDICTION
Search orders (CPR 25.1(1)(h)), freezing orders (25.1(1)(f)), an ancillary order (25.1(1)(g)) and orders authorising the entry onto land (25.1(1)(d))	No. Such applications must be made to the judge (PD2B para 2.1). However, a judge when making a freezing order may direct that a person be cross-examined before a Master or district judge (PD2B para. 7).
Injunctions and orders relating to injunctions, including orders for specific performance where an injunction is involved	No, unless the injunction is by consent, is ancillary to a charging order, is ancillary to an order appointing a receiver by way of equitable jurisdiction or is an order restraining the receipt of Crown debt (PD2B paras. 2.2, 2.3). A district judge may by consent make an order varying or discharging an injunction or undertaking (PD2B para. 2.4).
Pre-trial orders and interim remedies relating to the liberty of the subject, judicial review (save for interim applications under RSC Ord. 53 r.8), or appeals from Masters or district judges	No (PD2B para. 3.1(a)-(d)).
Appeals against a costs assessment under Parts 43-48	Yes, but only if the appeal is from a decision of an authorised costs officer (PD2B para. 3.1(e)).
Application by a vexatious litigant for permission to start or continue proceedings	No (PD2B para. 3.1(f)).
The trial of a case allocated to the multi-track under CPR r8.9(c)	Yes (PD2B para. 4.1).
The trial of a case allocated to the multi-track under Part 26 of the CPR	Only with the consent of the parties (PD2B para. 4.1).
Assessment of damages	Yes, without limit (PD2B para. 4.2).
Cases in the Chancery Division	PD2B para. 5 sets out a lengthy list of applications that may only be heard by a district judge with the consent of the Vice-Chancellor. Any deputy district judge hearing a Chancery list is well advised to consult the relevant paragraph of the PD.